[ 2019 ] Letting timeshare foreclose

[OldGuy]

but a few years ago we were late with our maintenance fee( Marriott) and they put a lien on our house!

One of our resorts did that during their Ugly Years . . . the resort that I lobbied to do deed-backs, and who finally took our last week back that way this year.

 

[Grammarhero]

Different folks have different experiences, and I can assure you that change of venue around here is used to get favorable Courts.

&, because of the witness protection program, that's all I can say about that.


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I have been assured that those who buy timeshares resale are governed by the original contract, which they never see. I have been assured of that both by a stranger on the Internet and a person who actually does it (forecloses TS weeks) in real life.

Resales buyers agree to be bound to original Ts contracts via the Ts resale contracts or purchase agreements. If resale buyers have a problem with that, they should ask for original TS contract and POS, or not sign said resale TS contract.

Change of venue is not automatic. It only works about 50 percent of the time. A court must have personal or subject matter jurisdiction over the defendant. If I have a civil dispute with a MD resident in the same county, I can’t change venue. But if I have a civil dispute with a MD resident in another county, that the defendant can move to change venue to a court in the different county. If the defendant lives in VA but I sue in MD, defendant can move to change venue in VA.

Forum shopping is different from judge shopping. You might choose a forum with judicial tendencies. However, it’s hard to judge shop or ask for a certain judge.

 

[dgalati]

Resales buyers agree to be bound to original Ts contracts via the Ts resale contracts or purchase agreements. If resale buyers have a problem with that, they should ask for original TS contract and POS, or not sign said resale TS contract.

Change of venue is not automatic. It only works about 50 percent of the time. A court must have personal or subject matter jurisdiction over the defendant. If I have a civil dispute with a MD resident in the same county, I can’t change venue. But if I have a civil dispute with a MD resident in another county, that the defendant can move to change venue to a court in the different county. If the defendant lives in VA but I sue in MD, defendant can move to change venue in VA.

Forum shopping is different from judge shopping. You might choose a forum with judicial tendencies. However, it’s hard to judge shop or ask for a certain judge.

Sounds like you know your way around the courts. Unless you work as a Judge, prosecutor or lawyer my advice is to try to stay out of courts and the witness protection program.

 

[Grammarhero]

Sounds like you know your way around the courts. Unless you work as a Judge, prosecutor or lawyer my advice is to try to stay out of courts and the witness protection program.

I’m a lawyer. @OldGuy’s experience is apparently the witness protection program.

 

[OldGuy]

I know what I know.

Doesn't really matter.

 

[WVBaker]

I know what I know.

Doesn't really matter.

There was a tremulousness in the words, but it was due to his tumultuous wrath and not to fear.

 

[Makai Guy]

Let's bring this back to topic, shall we? Personal bickering can be taken to private conversations.

 

[dgalati]

Let's bring this back to topic, shall we? Personal bickering can be taken to private conversations.

Well said

 

[Grammarhero]

Well said

Let's bring this back to topic, shall we? Personal bickering can be taken to private conversations.

@dgalati @Makai Guy. @OldGuy and I weren't bickering. I actually like OldGuy a lot. @dgalati, no offense, as much as I like you, you should not be complimenting others for telling us to stay on topic and bring personal bickering to private conversations. You kept hijacking threads with your "rent from a VIP within 60-days" mantra and personally bickering with braindead.

Additionally, this debate was about on topic. This debate was about whether the resale TS buyer letting her TS foreclose could argue in court that she should not be legally bound by TS contracts, POS, or HOA docs and their legal MF obligations as not having seen them. The debate then progressed to whether forum shopping or changing venue to more friendly judges/venues could be successful options. Both @SueDonJ and I say those are unsuccessful arguments. So this was on topic.

 

[dgalati]

@dgalati @Makai Guy. @OldGuy and I weren't bickering. I actually like OldGuy a lot. @dgalati, no offense, as much as I like you, you should not be complimenting others for telling us to stay on topic and bring personal bickering to private conversations. You kept hijacking threads with your "rent from a VIP within 60-days" mantra and personally bickering with braindead.

Additionally, this debate was about on topic. This debate was about whether the resale TS buyer letting her TS foreclose could argue in court that she should not be legally bound by TS contracts, POS, or HOA docs and their legal MF obligations as not having seen them. The debate then progressed to whether forum shopping or changing venue to more friendly judges/venues could be successful options. Both @SueDonJ and I say those are unsuccessful arguments. So this was on topic.

LOL
I have turned a new leaf and have promised and tried very hard not to hijack a thread or mention anything about how it is cheaper for me personally to rent from VIP in the 60 day window. I also will not reply to anyone that is brain dead. No pun intended.

 

[OldGuy]

I sit corrected.

Having reviewed the deeds I have saved on my computer, there is enough standard legalese to obligate subsequent owners. Just because subsequent owners have no knowledge of the original contract, or anything else prior to them assuming ownership, does not mean they are not obligated to them.

& I am soooooo sorry.


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Having said that, and I may be totally wrong here, but not for the ones I have been personally involved with, both coming and going, the buyer does not see the deed until after-the-fact.

 

[AJCts411]

That method was talked about a while ago here on TUG. Some resorts are requiring the "'buyer" to provide ID that proves ability and intention to pay MFs. The resort might nixsuch a transfer in this case.

It this even legal? The resort "approving" your buyer.

 

[LannyPC]

It this even legal? The resort "approving" your buyer.

I'm not too sure about the legalities of this. Maybe others can chime in about this.

 

[OldGuy]

Why would one even question whether resorts can do anything?

 

[WVBaker]

It this even legal? The resort "approving" your buyer.

I can't recall ever reading about a buyer needing to be approved and provide some type of I.D. "that proves ability and intention to pay MFs." Any I.D. would be requested in order to prove you are, who you say you are. Nothing more than what's required for the purchase contract. You agree to pay any and all fees when you purchase the property. Proving "intent" would be difficult at best.

What they're approving is the transfer process itself and which would involve of course, the ROFR.

 

[Beach57]

Wow! Did I say that?



No, it does not say Wastegate.



BTW, the OP and I have started working on her situation, me explaining specifically what I did to get the same thing done, times 5 or 6 or 7, or whatever, over 10 years, and to slow the $$$ bleeding while waiting for someone to transfer the week to.

I'm thinking that might be a good thing to do here, offer people specific, step-by-step, instructions, ad-wording, how to manage them, how to persistently lobby the Association, etc., to give desperate owners a real path to relief. All the things I did were free-ish, just requiring my time, except for when an Association actually took me up on my persistence, and took the last week back, for a fee.

BTW, it was a tough decision to do that, when they finally caved, since I had already "given away" two weeks there, and had slowed the $$$ bleeding by renting them each year. But, I did it, mostly because they finally did it, and I wanted to have it over with, and keep that exit door open for others who may not have the same level of persistence.

Great idea asking others to post step by step instructions that proved to be successful. I and many others would greatly appreciate that.

 

[OldGuy]

Great idea asking others to post step by step instructions that proved to be successful. I and many others would greatly appreciate that.

Yup, & thanks.

The average timeshare owner doesn't have any idea what it takes to get rid of a week, or even where to start. To say something like, "I got rid of six weeks over ten years, while slowing the bleeding by renting them out," means nothing.

It was easy in and they think it should be easy out (which, of course, it should be, but isn't).

It's not like 1993, when the big issues with timeshares were things like getting comparable exchanges, trading power, RCI or II. If one were to survey those coming here for the first time, their first post, getting rid of a timeshare, rescinding or otherwise, is common.

If there was a board devoted to that, those discussions would not have to clutter up where the happy people like to be, and the happy people would not have to be bothered by the unhappy people. "Getting Rid Of" is a different audience than "Buying, Selling and Renting."

Me, I want everyone happy, some by owning, some by not owning.

 

[Beach57]

Yup, & thanks.

The average timeshare owner doesn't have any idea what it takes to get rid of a week, or even where to start. To say something like, "I got of rid of six weeks over ten years, while slowing the bleeding by renting them out," means nothing.

It was easy in and they think it should be easy out (which, of course, it should be, but isn't).

It's not like 1993, when the big issues with timeshares were things like getting comparable exchanges, trading power, RCI or II. If one were to survey those coming here for the first time, their first post, getting rid of a timeshare, rescinding or otherwise, is common.

If there was a board devoted to that, those discussions would not have to clutter up where the happy people like to be, and the happy people would not have to be bothered by the unhappy people. "Getting Rid Of" is a different audience than "Buying, Selling and Renting."

Me, I want everyone happy, some by owning, some by not owning.

Right, like an advisory board. Unfortunately, selling or giving away is not easy at all.

 

[Grammarhero]

One of our resorts did that during their Ugly Years . . . the resort that I lobbied to do deed-backs, and who finally took our last week back that way this year.

I’ve trying to come up with TuG stats on foreclosures and their affects on credit scores. If you can let us know how many times your Ts foreclosed, what companies/resorts, and which one put the house lien, that would be great. So far, it’s 6/9 got their credit score affected.

 

[Grammarhero]

I've done it twice and it hasn't affected my already high credit score significantly enough to make an impact on anything I want to finance at my age !

I’ve trying to come up with TuG stats on foreclosures and their affects on credit scores. If you can let us know what companies/resorts, that would be great. So far, it’s 6/9 got their credit score affected.

 

[Grammarhero]

I had one that got foreclosed on a few years ago. As far as I know it never went on my credit report. I wouldn't have cared if it did.

I’ve trying to come up with TuG stats on foreclosures and their affects on credit scores. If you can let us know what companies/resorts, that would be great. So far, it’s 6/9 got their credit score affected.

 

[OldGuy]

I have never had anything foreclosed, TS or otherwise, or have a lien put on anything for any reason.

 

[Grammarhero]

I have never had anything foreclosed, TS or otherwise, or have a lien put on anything for any reason.

My bad for misreading. I guess it’s 5/8.

 

[terrygee]

Bought a bargain resale for Wyndham week 7 in Carribean and used it / traded it for 16 years.
Retired to SoFla and it lost it's value to me for a variety of reasons.
Stopped paying MFs 3 years ago.
Got a few dunning letters, then a few Coll Agency calls which I never answered & blocked.
No change to credit score which hovers around 800.
Didn't care if it dropped one bit, but it didn't.

JUST STOP PAYING, and don't answer any calls from unidentified callers.
They stop pretty fast since the $$ involved is peanuts and hardly worth the effort to collect.

 

[Grammarhero]

Bought a bargain resale for Wyndham week 7 in Carribean and used it / traded it for 16 years.
Retired to SoFla and it lost it's value to me for a variety of reasons.
Stopped paying MFs 3 years ago.
Got a few dunning letters, then a few Coll Agency calls which I never answered & blocked.
No change to credit score which hovers around 800.
Didn't care if it dropped one bit, but it didn't.

JUST STOP PAYING, and don't answer any calls from unidentified callers.
They stop pretty fast since the $$ involved is peanuts and hardly worth the effort to collect.

So it’s 5/9 with credit affected. FWIW, it’s 0/3 counting @simpsontruckdriver and gochiefsorbust.